172 NexLog Recorder User Manual v2.2.0
INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE
PRODUCT, EVEN IF Eventide HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. EVENTIDE'S LIABILITY FOR ANY CLAIM, LOSSES,
DAMAGES OR INJURY, WHETHER CAUSED BY BREACH OF CONTRACT, TORT
OR ANY OTHER THEORY OF LIABILITY, SHALL NOT EXCEED THE FEE PAID
BY YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION OR EXCLUSIONS MAY NOT APPLY TO YOU.
9. Export. You acknowledge that the laws and regulations of the United States
restrict the export and re-export of the Software and Documentation. You agree
the Software will not be exported or re-exported without the appropriate U.S. or
foreign government licenses. You also agree not to export the Software (including
over the Internet) into any country subject to U.S. embargo.
10. Governing Law and Arbitration. This Agreement will be governed by the
laws of the State of New Jersey and will be interpreted as if the agreement were
made between New Jersey residents and performed entirely within New Jersey.
All disputes under this Agreement or involving use of the Product shall be
subject to binding arbitration in Little Ferry, NJ in accordance with the
commercial arbitration laws of the American Arbitration Association.
Notwithstanding anything contained in this Paragraph to the contrary, Eventide
shall have the right to institute judicial proceedings against you or anyone
acting by, through, or under you, in order to enforce Eventide's rights hereunder
through reformation of contract, specific performance, injunction or similar
equitable relief.
11. Entire Agreement. This is the entire agreement between you and Eventide
AND supersedes any prior agreement, whether written or oral, relating to the
subject matter of this Agreement. No amendment or modification of this
agreement will be binding unless in writing and signed by a duly authorized
representative of Eventide.
12. Government End Users. U.S. GOVERNMENT RESTRICTED RIGHTS. The
Software and Documentation were developed at private expense, and are
commercial computer software and commercial computer software
documentation. If you are a U.S. Government agency or its contractor, pursuant
to FAR 12.212(a) and/or DFARS -227.7202-1(a) and their successors, as
applicable, use, duplication or disclosure by the Government of the Software
and Documentation is subject to the restrictions set forth in this Agreement.
ALL FEATURES AND SPECIFICATIONS SUBJECT TO CHANGE WITHOUT
NOTICE.
Copyright 2007-2011, Eventide Inc. and its licensors. All rights reserved.
In addition to the proprietary Eventide software, some of the base underlying
substructure of the firmware is provided by the Linux Kernel and the
corresponding Open Source licensed Userspace. These components are not
under the proprietary Eventide License, but under their own software licenses.
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